Case Information

*1 The Attorney General of Texas February 22, 1982

MARK WHITE

Attorney General

Supreme Austin, 5121475.2501 Telex Telecopier P. 0. Box 12548 9101874.1367 TX. 7871% Court Building 5121475-0286 ^[2540] Dallam County Attorney Dalhart, Texas P. 0. Box 561 County Courthouse Honorable Ron Ems 79022 opinion Re: Authority of political subdivisions to jointly build facility and operate a regional jail No. m-448

Dear Mr. Enns: 1607 Main St., Suite 1400

You ask the following question: Dallas, TX. 75201.4709 2141742.8944 May Dallam County, Hartley County, and the City of Dalhart jointly finance, construct, own and 4824 Alberta Ave.. Suite 160 operate a regional jail facility? El Paso, TX. 79905.2793 9151533-3484 The Interlocal Cooperation Act provides that "[b]y resolution of the governing body, a political subdivision of the state may contract 1220 Dallas Ave., Suite 202 with other political subdivisions of the state to participate in the Houston, TX. 77002.6986 ownership, construction, and operation of a regional jail facility." 7131650.0668 V.T.C.S. art. 4413(32c), §4(h)(l). The act defines "local government"

to include a county. a home rule city, a general law city, or "any other legally constituted political subdivision...or a combination of 806 Broadway, Suite 312 Lubbock, TX. 79401.3479 political subdivisions." V.T.C.S. art. 4413(32c), 93(l). It is clear 8061747.5238 from the equation of "political subdivision" with a county and a city

that the two counties and the city may contract under section 4(h) to participate in the ownership, construction and operation of a regional 4309 N. Tenth. Suite S jail facility. McAllen. TX. 78501-1685 5121682-4547

Section 4(h) sets out procedures for financing, locating, and operating the jail. If the counties and city you name follow these 200 Main Plaza, Suite 400 requirements, they have authority under the Interlocal Cooperation Act San Antonio. TX. 78205.2797 to jointly finance, construct, own, and operate a regional jail 512/225-4191

facility. An Equal Opportunity/ Letter Advisory No. 133 (1977) considered the constitutionality Affirmative Action Employer of section 4(h) of the Interlocal Cooperation Act. The provision,

pending legislation at the time, was held constitutional under article XI, section 2 of the Texas Constitution, which empowers the legislature to provide by general law for jail construction. Thus, as determined in Letter Advisory No. 133, the constitution does not prevent political subdivisions from exercising the power granted by section 4(h) of article 4413(32c), V.T.C.S.

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Honorable Ron Ems - Page 2 (NW-448)

SUMMARY The counties of Dallam and Hartley and the city of Dalhart may jointly finance, construct, own and operate a regional jail facility under the authority of article 4413(32c), section 4(h), V.T.C.S.

Attorney General of Texas JOHN W. FAINTER, JR.

First Assistant Attorney General

RICHARD E. GRAY III

Executive Assistant Attorney General

Prepared by Susan L. Garrison

Assistant Attorney General

APPROVED:

OPINION COMMITTEE

Susan L. Garrison, Chairman

Rick Gilpin

Jim Moellinger

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